Having a hard time paying spousal support? Looking for ways how to not pay spousal support in Canada? If so, this article is here to the help!
Yes, you have heard it right. As there are various ways following which you can avoid paying the spousal support, that too in a legal way. After all, paying a hefty sum of money to your former spouse can be quite burdensome, especially if you are hardly making your living.
In the following blog, we discussed what spousal support is, who is eligible to get one, and how you can avoid the spousal support.
So, What is Spousal Support?
Spousal support is the financial support that one spouse is obligated to pay the other spouse during a separation or divorce. Also, known as alimony or spousal maintenance.
The ultimate goal of this spousal support is to financially help the dependent spouse for a certain period as per the contract or court order.
However, the couple can mutually agree on the amount to be paid and for how long. And in case they cannot arrive at a mutual decision, they can go to the court. Taking all the variables into consideration, the judge makes the final verdict of how much should be paid to the spouse.
Who is Entitled to Spousal Support in Canada?
Spousal support is not an automatic right that anyone can get. Instead, there are some criteria, according to the Family Law Act, as follows:
- Have lived together in a marriage or common-law relationship for at least 2 years.
- The couple has been in a marriage or legal relationship for less than 2 years and has a child together.
- The income of the spouses.
Learn More: What Is The Divorce Rate In Canada?
How to Not Pay Spousal Support in Canada? [10 Ways to Avoid]
Spousal support can get pretty expensive for the payor spouse. Here are 10 ways that will help you not pay spousal support in Canada:
Have a Mutual Settlement Contract
A mutual settlement contract refers to having a cohabitation agreement or marriage agreement. The cohabitation contract is applicable to those couples who are not planning to get married. While, the marriage contract is for those couples who will get married.
So, if you really want to avoid the spousal support, you can mention this clause in the contracts. But obviously, the decision must be mutual.
However, one key point to note is that the agreement must be totally fair and must fulfill all the standard protocols. Otherwise, be ready to face the judges in the court.
Support Your Spouse to be Financially Dependent
Well, this is true! Having a financial imbalance between both parties is one of the leading reasons for paying spousal support.
And with a little awareness, you can save yourself from paying for spousal support.
Didn’t get the point?
If one spouse wants to be financially independent, let them be. Never let the household chores affect their career life. Instead, support them to fulfill their dreams as much as possible.
Maintain a Standard of Living
In most of the cases, a judge checks the expenses and standard of living. For instance, if you can prove to the court that even without child support, you can hardly maintain your living expenses. In this state, it will be quite impossible for you to pay other extra expenses.
Prove that Your Spouse Doesn’t Require Spousal Support
If you can prove that your former spouse is financially stable and doesn’t require any kind of spousal support, you can avoid paying it.
For instance, the recipient spouse has good qualifications and grades to get a high-paying job. Then, you will have all the rights to appeal to the court to carry out a vocational evaluation in such cases.
Request Modification of Termination of Spousal Support
As per the Divorce Act, the spousal support can be modified at any time following certain conditions. And there are no such things or dates for termination of the alimony payment.
Instead, you can demand for a modification in the event your spouse remarries or starts living with another partner. For any such similar cases, you can appeal to the court for termination of the payments.
Notify That the Marriage Lasted Only for a Short Time
One of the common misconceptions of the people is that once the marriage ends, every spouse is eligible to get a spousal support. In reality, it depends on the length of the marriage. And if the duration of the marriage is short, such as less than 2 years, the appeal for the alimony is not applicable.
Prove Your Spouse’s Infidelity
The impact of cheating plays a huge role in divorce. If you can prove it to the court that the ultimate reason for your divorce is cheating, in that case, you can avoid paying the spousal support. The court is very strict in this kind of sensitive matters and doesnt support them in any way.
Contribute to the Depletion of the Assets
If you have a strong ground and can show to the court that paying spousal support will make prove to be a bad decision in the case of your former spouse, the court may consider it while taking the final call.
Such as, if you can prove that paying more money to your ex-spouse results in a depletion of their financial resources, the court will never pass an order to pay alimony.
Follow Spousal Support Advisory Guidelines
If you are not willing to pay the alimony, then make sure to create the divorce agreement following the spousal support advisory guidelines. This, in return, will help you to prove that the spousal support is not necessary as you have already followed all the guidelines.
Don’t Make Any Hasty Decisions
If you are completely sure that you don’t want to pay spousal support, remember, don’t rush into anything. As the decisions made hastily can backfire, and thus, instead of reducing your burden, it may end up intensifying. So, the best is to make all kinds of decisions with a calm head.
Learn More: How To Get A Divorce In Canada?
Concluding Words
If you are looking for ways how to not pay spousal support in Canada, you can ideally follow the above-mentioned ways. For any further kind of query, talk with an experienced lawyer. From doing the paperwork to guiding you and representing your case in court, they will do everything to ensure proper justice regarding spousal support.
FAQs
Do You Have to Pay Spousal Support in Canada?
If you are married or have lived together for at least 2 years or more, then your spouse will become eligible for spousal payments under certain conditions.
Can a Spouse Waive Spousal Support?
Yes, indeed. Unlike the child support, both the spouses can waive their spousal support rights through mutual agreements. They also reserve the right to appeal to the court to provide alimony and make changes, depending on any future circumstances.
Do You Have to Pay Spousal Support if Your Spouse Refuses to Work?
Initially, the court might order you to pay the alimony for a specific time. Meanwhile, the court will give some time to the asking spouse to get back to work. And even after being capable, they refuse to work, and the court will reconsider the matter about decreasing or waiving the alimony, based on the situation.
How Long Does It Take to Get Spousal Support?
Generally, it can take anywhere in between 6 months to 18 months for the court to pass the final verdict on spousal support.
